ST. JOHNS COUNTY, FLORIDA South Ponte Vedra Beach, Vilano Beach, and Summer Haven Reaches

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1 ST. JOHNS COUNTY, FLORIDA South Ponte Vedra Beach, Vilano Beach, and Summer Haven Reaches COASTAL STORM RISK MANAGEMENT PROJECT DRAFT INTEGRATED FEASIBILITY STUDY AND ENVIRONMENTAL ASSESSMENT APPENDIX E December 2015 U.S. ARMY CORPS OF ENGINEERS JACKSONVILLE DISTRICT

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3 ST. JOHN S COUNTY, FLORIDA ST. JOHN S COUNTY COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY REAL ESTATE PLAN TABLE OF CONTENTS SECTIONS Page Nos. 1. STATEMENT OF PURPOSE E-1 2. PROJECT AND STUDY AUTHORIZATION E-1 3. PROJECT LOCATION E-1 4. PROJECT DESCRIPTION E-3 5. REAL ESTATE REQUIREMENTS E-5 6. FEDERALLY GOVERNMENT OWNED LAND E-7 7. NON-FEDERALLY OWNED LAND E-7 8. NON FEDERAL OPERATION/MAINTENANCE RESPONSIBILITIES E-7 9. NON FEDERAL AUTHORITY TO PARTICIPATE IN PROJECT E NAVIGATION SERVITUDE E ATTITUDE OF THE LANDOWNERS E MINERALS E HAZARDOUS, TOXIC, AND RADIOACTIVE WASTE (HTRW) E INDUCED FLOODING E ZONING ORDINANCES E-8

4 16. RELOCATIONS ASSISTANCE (Public Law ) E RELOCATIONS, ALTERATIONS, VACATIONS AND ABANDONMENTS E STANDING TIMBER AND VEGETATIVE COVER E RECREATION RESOURCES E CULTURAL RESOURCES E OUTSTANDING RIGHTS E MITIGATION E ACQUISITION SCHEDULE E ACQUISITION/ADMINISTRATIVE COSTS E REAL ESTATE CHART OF ACCOUNTS E ESTATES TO BE ACQUIRED E STANDARD ESTATES E NON STANDARD ESTATES E REAL ESTATE MAPS E-13 EXHIBIT 1: NON FEDERAL SPONSOR S REAL ESTATE ACQUISITION CAPABILITY ASSESSMENT E-20 EXHIBIT 2: RISK LETTER E-23 EXHIBIT 3: SAMPLE MEMORANDUM OF AGREEMENT E-26 EXHIBIT 4: SAMPLE SOVEREIGN SUBMERGED LANDS EASEMENT E-37

5 REAL ESTATE PLAN 1. STATEMENT OF PURPOSE This (REP) focuses on the Tentatively Selected Plan (TSP) and is provided in support of St. John s County Coastal Storm Risk Management Feasibility Study. The purpose of the study is to determine if there is a Federal interest, and if so, recommend a plan for coastal storm risk reduction to infrastructures located along three reaches of the St. Johns County Florida shoreline. This report is tentative in nature and is intended for planning purposes only. Both the final real property lines and land values estimates are subject to change even after approval of this report. There may be modifications to the plans that occur during Pre-construction, Engineering and Design (PED) phase, thus changing the final acquisition area(s) and/or administrative and land costs. 2. STUDY AND PROJECT AUTHORIZATION The authority for conducting this Feasibility Study is contained in House Resolution 2646 adopted 21 June 2000: "Resolved by the Committee on Transportation and Infrastructure of the United States House of Representatives, that in accordance with Section 110 of the Rivers and Harbors Act of 1962, the Secretary of the Army, acting through the Chief of Engineers, is requested to survey the shores of St. John s County, Florida, with particular reference to the advisability of providing beach erosion control works in the area north of St. Augustine Inlet, the shoreline in the vicinity of Matanzas Inlet, and adjacent shorelines, as may be necessary in the interest of hurricane protection, storm damage reduction, beach erosion control, and other related purposes." A Reconnaissance Report Section 905(b) Analysis for the St. Johns County, Florida, Shore Protection Project was completed by the U.S. Army Corps of Engineers, Jacksonville District in January The report identified a Federal interest in initiating a feasibility study for this project. The non-federal Sponsor (NFS) is St. John s County. 3. PROJECT LOCATION St. John s County is located on the northeast coast of Florida about midway between the Florida/Georgia state line and Cape Canaveral. The County is bounded to the north St. John s County Coastal Storm Risk Management Feasibility Study E-1

6 by Duval County and to the south by Flagler County. The County has approximately 42 miles of coastal shoreline, 24 miles of which are located from Ponte Vedra to St. Augustine Inlet, 14 miles from St. Augustine Inlet to Matanzas Inlet, and 4 miles from Matanzas Inlet to Marineland in Flagler County. Vilano Beach and Ponte Vedra Beach are located on the north side of St. Augustine Inlet and Anastasia State Park and St. Augustine Beach are located south of the inlet. The Guana-Tolomato-Matanzas National Estuarine Reserve is located south of Ponte Vedra. Crescent Beach is located north of Matanzas Inlet and Summer Haven is located south of Matanzas Inlet as shown below in Figure 3-1. Figure 3-1 Project Vicinity/Location Map St. John s County Coastal Storm Risk Management Feasibility Study E-2

7 4. PROJECT DESCRIPTION The most immediate and critical needs of the local communities are to address beach and dune erosion. For this study, approximately 8.7 miles of beach shoreline was studied; 3.8 miles in the vicinity of South Ponte Vedra (rounded up to 4 miles in Figure 4-1), 2.6 miles in the vicinity of Vilano Beach and 2.3 miles at Summer Haven south of Matanzas Inlet. Florida State Road (SR) A1A a coastal highway that serves as the only north-south hurricane evacuation route for communities along the coastline, is an integral part of the county s infrastructure and is essential for public safety during evacuation events. The study also includes environmental protection opportunities. The Reach (R) monuments refer to the Florida Department of Environmental Protection (FDEP) survey monuments used for geographic reference, as (a) South Ponte Vedra Beach R-84 to R-104, (b) Vilano Beach R-104 to R-122 to St. Augustine Inlet North Sand Trap Groin and (c) Summer Haven R-197 to R-209. Shown below as Figure 4-1: Figure 4-1 Project Study Area St. John s County Coastal Storm Risk Management Feasibility Study E-3

8 The Tentatively Selected Plan (TSP) is the National Economic Development (NED) plan relative to cost and providing the maximum storm damage reduction benefits. The TSP extends 2.6 miles and the full project boundary extends from R to R for the placement of the initial construction and beach renourishment. The taper areas consist of an additional 1000 feet each to the southern points from R to R and the northern points from R to R of the project boundary. The project will also provide a 10 feet profile extension vegetated dune and 60 feet berm extension beach development by use of compatible fill material. Initial construction and periodic nourishment will require 1,310,000 cubic yards of sand and each renourishment will require approximately 866,000 cubic yards of sand. The average renourishment intervals are expected to be approximately 12 years, equaling four renourishment events plus the initial construction over the 50 years period of Federal participation. Shown below as Figure 4-2: Figure 4-2: TSP Overview St. John s County Coastal Storm Risk Management Feasibility Study E-4

9 5. REAL ESTATE REQUIREMENTS The State of Florida beach nourishment, beach restoration, and erosion control projects are established pursuant to Florida Statute Title XI County Organization and Intergovernmental Relations. Chapter Section 141 states: property rights of state and private upland owners in beach restoration project areas. Surveys will be completed to establish the Erosion Control Line (ECL). The Florida Statute, Title XI, County Organization and Intergovernmental Relations, Chapter 161 Section 181 states: shall be vested to the state by right of its sovereignty. The lands landward of the ECL remain vested to the upland owners. Upon completion of the survey, the State of Florida will issue a Sovereign Submerged Lands Authorization, contained within the Consolidated Joint Coastal (CJC) Permit, for placement areas located seaward of the ECL. A final initial fill volume will be determined prior to construction of the project. The CJC Permit will be issued in ten year increments. In accordance to Engineering Circular (EC) , Real Estate Roles and Responsibilities for Civil Work Cost Shared, Section 12-8 states: it is the policy of USACE to require the non-federal Sponsor to provide the minimum interests in real property necessary to support a project. The following real estate interests are required to support the current project design. Perpetual Beach Storm Damage Reduction Easements will be required over approximately 155 parcels located within the current project footprint. There are approximately 102 privately owned parcels and 53 public access/parking points owned by St. Johns County and the City of St. Johns. The public access/parking points contains 38 nature walking paths and 15 dune walkovers accessible from SR A1A. The Borrow Areas are located within the North Offshore Borrow Area (NOBA), South Offshore Borrow Area (SOBA), and the St. Augustine Inlet shoal complex as a potential source for future needs, as shown below as Figure 5-1. A Temporary Pipeline Easement is required for transporting material from the borrow areas to the upland placement areas. A noncompetitive negotiated agreement will be required from the Bureau of Ocean Energy Management (BOEM) in accordance with Outer Continental Shelf Lands Act for the mining of sand from the offshore borrow areas. See below Figure 5-1. The staging areas will require a Temporary Work Area Easement, if not located within the perpetual storm damage reduction easement areas. Staging areas have not yet been identified. Access to the project and the staging areas will be by public roads and NFS-owned lands situated within the project area. St. John s County Coastal Storm Risk Management Feasibility Study E-5

10 Real Estate Division will coordinate with Florida Department of Transportation (FDOT) regarding the type of instrument required to meet the project requirements for placing fill material within the FDOT right-of-way. If the Real Estate Division determines the instrument is a non-standard estate, it will be submitted to HQ for approval. Figure 5-1 Borrow Areas Policy requirements of ER Water Resource Policies and Authorities Federal participation in Shore Protection states: Generally, parking for free or reasonable terms is available within a reasonable walking distance of the beach. The amount of parking is consistent with the attendance used in benefit evaluation. The South Ponte Vedra reach (R84-R104) contains only two signed public access points with parking which significantly limits Federal interest in a potential plan. At the time of this writing, the non-federal sponsor does not intend to add public access or parking in the near future. The Vilano Beach reach (R104-R122) has signed public access at least every ½ mile with a number of the accesses having adequate public parking. Should it be determined during PED that additional public access is required, acquisition of such access is the responsibility of the NFS. St. John s County Coastal Storm Risk Management Feasibility Study E-6

11 6. FEDERALLY GOVERNMENT-OWNED LAND There is no known lands in the project area owned by the Federal Government. 7. NON FEDERALLY OWNED LAND The non-federal lands are owned by the non-federal Sponsor, the City of St. Johns, Florida Department of Transportation, private landowners and commercial landowners. 8. NON-FEDERAL OPERATION AND MAINTAINANCE RESPONSIBILITIES St. Johns County will be the NFS for the project. The NFS has the responsibility to acquire all real estate interests required for the Project. The NFS shall accomplish all alterations and relocations of facilities, structures and improvements determined by the government to be necessary for the construction of the Project. The sponsor will have operation and maintenance responsibility for the project once construction has been completed. Future periodic nourishments are considered construction and will be performed in accordance with the Project Partnership Agreement, when approved. 9. NON-FEDERAL SPONSOR S AUTHORITY TO PARTICIPATE IN PROJECT St. John s County, Florida is a political subdivision of the State of Florida as provided by Florida Statute Title XI, Chapter 161, Section 141, Beach and Shore Preservation to, establish and administer programs of housing, slum clearance, community redevelopment, conservation, flood and beach erosion control, air pollution control, and navigation and drainage and cooperate with governmental agencies and private enterprises in the development and operation of such programs. St. John s County has been an integral part of the Project Delivery Team (PDT) from the conception of the project. At each step of the process, the NFS has contributed to the available information and participated in the formulation of this study. The Assessment of the NFS Real Estate Acquisition Capability is attached as Exhibit 1. The Risk Letter is attached as Exhibit 2, and advises NFS that lands should not be acquired for the project prior to execution of the Project Partnership Agreement (PPA). 10. NAVIGATION SERVITUDE In accordance with CECC-R Bulletin 14-05, Availability of the Navigation Servitude for Coastal Storm Damage Reduction Projects dated April 9, 2014, navigational servitude is not applicable to this project. St. John s County Coastal Storm Risk Management Feasibility Study E-7

12 11. ATTITUDE OF THE LANDOWNERS The St. John s County, the City of St. Johns, Florida Department of Transportation, private landowners, commercial landowners, and local communities fully support the project. 12. MINERALS Preliminary assessment indicates no known present or anticipated mineral or subsurface mineral extraction activities within the vicinity of the proposed area which may affect construction, operation, or maintenance of the Project. 13. HAZARDOUS, TOXIC, AND RADIOACTIVE WASTE (HTRW) There are no known cultural resources that have been identified as being affected by the project. 14. INDUCED FLOODING There will be no flooding caused by the construction of the project. 15. ZONING ORDINANCES Application or enactment of zoning ordinances will not be used in lieu of acquisition. 16. RELOCATIONS ASSISTANCE (PUBLIC LAW ) No persons, businesses or structures will be impacted by the project. There will be no relocations under PL for this project. 17. RELOCATIONS, ALTERATIONS, VACATIONS, AND ABANDONMENTS (UTILITIES, STRUCTURES AND FACILITIES, CEMETERIES, AND TOWNS). No relocation of the 15 public dune walkovers or the 85 private dune walkovers are planned. St. John s County Coastal Storm Risk Management Feasibility Study E-8

13 18. STANDING TIMBER AND VEGETATIVE COVER Existing dune vegetation will be impacted during construction. The Tentatively Selected Plan includes planting dune vegetation on newly constructed areas as well as re-vegetating areas disturbed during construction. It will be the responsibility of the non-federal Sponsor for any necessary dune vegetation during future periodic nourishments 19. RECREATION RESOURCES There are no separable recreational lands identified for this project. 20. CULTURAL RESOURCES There are no known cultural resources identified as affected by the project. 21. OUTSTANDING RIGHTS There are no known outstanding rights in the project area. 22. MITIGATION There is no mitigation required. 23. ACQUISITION SCHEDULE The NFS is responsible for acquiring real estate interests required for the project. The Perpetual Storm Damage Reduction Easements will take approximately months to acquire once final plans and specifications have been completed and the Project Partnership Agreement has been executed. The Project Sponsor, Project Manager and Real Estate Technical Manger will formulate the milestone schedule upon project approval to meet dates for advertisement and award of the construction contract. 24. ACQUISITION/ADMINISTRATIVE COSTS Revision to Policy Guidance Letter No. 11, Credit for Lands, Easements, Right-of-Way (LERR) at Shore Protection Projects, dated 21 April 1989, and ER , Real Estate Handbook, directs lands subject to shore erosion required for project purposes be appraised considering special benefits. The intent is to preclude credit for lands needed for shore protection projects, when the increase in value of the remaining lands would St. John s County Coastal Storm Risk Management Feasibility Study E-9

14 offset compensation for the property as well as any severance damages. Erodible land protected by a Federal project is valued at zero as it will be enhanced post-project. The estimate of the Federal real estate acquisition administrative cost including a contingency is $1,922,000. This cost includes project real estate planning, mapping, review, oversight, monitoring, crediting review costs of approximately 155 acquisitions, certification of lands required for project purposes, real estate analysis or other requirements that may be necessary during Planning, Engineering and Design (PED). The non-federal sponsor will receive credit towards its share of real estate administrative project cost incurred for certification. The estimate of the non-federal Sponsor administrative costs including a contingency is $1,153,200. This cost includes project real estate planning, mapping, review, oversight, monitoring, and crediting review costs. The non-federal Sponsor has been provided with requirements regarding acquisition policies and procedures, including compliance with Public Law , as amended, Land, Easement, Right-of-Way, relocation and Disposal (LERRD) crediting procedures, and milestones for the land acquisition. 25. REAL ESTATE CHART OF ACCOUNTS FEDERAL NON-FEDERAL 01B LANDS and DAMAGES $0 $0 01B40 FEDERAL $1,550,000 $ 930,000 01M00 CONTINGENCIES 24% $ 372,000 $ 223,200 Sub-Totals $1,922,000 $1,153,200 Total Estimated Real Estate Cost: $3,075, ESTATES TO BE ACQUIRED The standard and non-standard estates have been determined to represent the minimum real estate interest necessary from the non-federal Sponsor to support the construction of this project STANDARD ESTATES A perpetual beach storm damage reduction easement will be required over 155 parcels. Temporary Work Area Easements will be required for all staging, stockpiling, permits, fill material placement, temporary work areas for project construction and temporary pipeline easement. St. John s County Coastal Storm Risk Management Feasibility Study E-10

15 TEMPORARY WORK AREA EASEMENT A temporary easement and right-of-way in, on, over and across the lands described as the Tentatively Selected Plan containing approximately 155 privately owned and county owned for public beginning with date possession of the land is granted to the Project Sponsor, for use by the United States, its representatives, agents, and contractors as a temporary work area easement for the staging areas, including the right to borrow and/or deposit fill, spoil and waste material thereon, move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the St. John s Coastal Storm Risk Management Feasibility Study Project, together with the right to trim, cut, fell and remove there from all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT A perpetual and assignable easement and right-of-way, in, on, over and across the lands described as the Tentatively Selected Plan containing approximately 155 privately owned parcels and 25 county owned for public dune walkover for use by the St. John s County Coastal Storm Risk Management Feasibility Study Project, for use by the St. John s County Board of Commissioner, it representatives, agents, contractors, and assigns, to construct; preserve; patrol; operate; maintain; repair; rehabilitate; and replace; a public beach [a dune system] and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand; to accomplish any alterations of contours on said land; to construct berms [and dunes and walkovers); to nourish and re-nourish periodically; to move, store and remove equipment and supplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the construction, periodic renourishment and maintenance of the (Project Name), together with the right of public use and access; to plant vegetation on sand dunes and berms; to erect, maintain and remove silt screens and sand fences; to facilitate preservation of dunes and vegetation through the limitation of access to dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other vegetation, structures and obstacles within the limits of the easement; reserving, however, to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns, the right to construct dune over walk structures in accordance with any applicable Federal, State or local laws or regulations, provided St. John s County Coastal Storm Risk Management Feasibility Study E-11

16 that such structures shall not violate the integrity of the dune in shape, dimension or function, and that prior approval of the plans and specifications for such structures is obtained from the (designated representative of the Project Sponsor) and provided further that such structures are subordinate to the construction, operation, maintenance, repair, rehabilitation and replacement of the project; and further reserving to the grantor(s), (his) (her) (its) (their) (heirs), successors and assigns all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights and easements hereby acquired; subject however to existing easements for public roads and highways, public utilities, railroads and pipelines. TEMPORARY PIPELINE EASEMENT A temporary and assignable easement in, on, over and across (the land described in Schedule "A") (tract Nos.,, and ) for a period not to exceed beginning (date)(with the date possession is granted to the United States in this proceeding (or date of deed), and terminating with the earlier of the completion of the remediation or the filing in the local land records by the representative of the United States in charge of the Project of a notice of termination), to locate, construct, operate, maintain, repair, replace, and/or remove (a) (monitoring) (injection) (extraction) well(s), pipeline(s) and appurtenances thereto; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines NON STANDARD ESTATES As noted in Section 5, Real Estate Requirements; a Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization for use of lands seaward of the ECL is required from the State of Florida. The Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization is considered a non-standard estate. Approvals to use the non-standard estates is requested as part of the approval of this. A sample of the document is attached as Exhibit 3. A Memorandum of Agreement between the Bureau of Ocean Energy Management, the U.S. Army Corps of Engineers, and the NFS will be executed pursuant to 43 United States Code, Section 1337(k) (2) Agreements for Use of Resources for Shore Protection, Beach or Coastal Wetlands Restoration, or other Projects, the Secretary may negotiate with any person an agreement for the use of the Outer Continental Shelf sand, gravel and shell resources for (1) for use in a program of, or project for, shore protection, beach restoration, or local government agency, or (2) for use in a construction project, that is funded in whole or in part by or authorized by the Federal Government. A sample of the document is attached as Exhibit 4. St. John s County Coastal Storm Risk Management Feasibility Study E-12

17 27. REAL ESTATE PROJECT MAPS St. John s County Coastal Storm Risk Management Feasibility Study E-13

18 NOTE: Dune Walker Beach Access shown are not necessarily all public accesses with adequate parking. Real Estate Project Map No. 1 of 6 St. John s County Coastal Storm Risk Management Feasibility Study E-14

19 NOTE: Dune Walker Beach Access shown are not necessarily all public accesses with adequate parking. Real Estate Project Map No. 2 of 6 St. John s County Coastal Storm Risk Management Feasibility Study E-15

20 NOTE: Dune Walker Beach Access shown are not necessarily all public accesses with adequate parking. Real Estate Overview Project Map No. 3 of 6 St. John s County Coastal Storm Risk Management Feasibility Study E-16

21 NOTE: Dune Walker Beach Access shown are not necessarily all public accesses with adequate parking. Real Estate Project Map No. 4 of 6 St. John s County Coastal Storm Risk Management Feasibility Study E-17

22 NOTE: Dune Walker Beach Access shown are not necessarily all public accesses with adequate parking. Real Estate Project Map No. 5 of 6 St. John s County Coastal Storm Risk Management Feasibility Study E-18

23 Real Estate Project Map No. 6 of 6 St. John s County Coastal Storm Risk Management Feasibility Study E-19

24 EXHIBIT NO. 1 FINAL- ASSESSMENT OF NON-FEDERAL SPONSOR S REAL ESTATE ACQUISITION CAPABILITY FOR ST. JOHN S COUNTY COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY St. John s County Coastal Storm Risk Management Feasibility Study E-20

25 St. John s County Coastal Storm Risk Management Feasibility Study E-21

26 St. John s County Coastal Storm Risk Management Feasibility Study E-22

27 EXHIBIT NO. 2 RISK LETTER St. John s County Coastal Storm Risk Management Feasibility Study E-23

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30 EXHIBIT 3 SAMPLE Memorandum of Agreement (Federal Borrow Areas) St. John s County Coastal Storm Risk Management Feasibility Study E-26

31 SAMPLE Memorandum of Agreement (Federal Borrow Areas) MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND THE CORPS OF ENGINEERS OF THE DEPARTMENT OF THE ARMY AND MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR BEACH EROSION CONTROL AND HURRICANE PROTECTION IN MIAMI-DADE COUNTY, FLORIDA BOEMRE Negotiated Agreement No. OCS - AXXXX Title I. Explanatory Recitals A. Pursuant to the authority and in accordance with the requirements of Flood Control Act of 1968 (H.D. No. 335/90/2), Water Resources Development Act (WRDA) of 1974 (Public Law , Section 69)and the WRDA of 1986 (Public Law ), the Department of the Army, acting through the United States Army Corps of Engineers (USACE), with the cooperation of Miami-Dade County Board of County Commissioners (hereinafter referred as the County), are endeavoring to conduct a nourishment of beach along the Miami-Dade County, Florida shoreline. B. USACE and the County have undertaken a project in furtherance of the abovementioned goals to renourish the shoreline along Miami-Dade County, Florida, (herein referred to as the Project ). C. In accordance with the requirements of the Flood Control Act of 1968 (H.D. No. 335/90/2), Water Resources Development Act of 1974 (PL , Section 69) and the WRDA of 1986 (PL ), the County has procured lands, easements, and rights-of-way (collectively, Land Rights ) as necessary from upland landowners, other property right holders, public entities, and other persons and entities as appropriate scope and duration for facilitate the Project. D. USACE, which is acting as the project manager for the Project, now seeks to obtain sand in a manner that minimizes costs and leverages Federal resources. Title II. Purpose and Authority A. The Department of the Interior (DOI), acting through the Bureau of Ocean Energy Management, Regulation and Enforcement (Bureau) or any iteration of its designation, enters into this Memorandum of Agreement (MOA) with the County and the USACE providing for the use of up to 500,000 cubic yards of Outer Continental Shelf sand resources ( OCS sand resources ) for the Project under the authority of Section 8(k)(2) St. John s County Coastal Storm Risk Management Feasibility Study E-27

32 of the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1337(k)(2)). The term OCS sand resources means the sediment deposits found on or below the surface of the seabed on the Outer Continental Shelf (OCS), as defined in Section 2(a) of the OSCLA (43 U.S.C. 1331(a)). This MOA authorizes the County or the USACE, as appropriate, to use OCS sand from the, as designated and delineated in Table 1 and on the attached map (Attachment 1), in accordance with the terms of this MOA. After removal of the sand from the OCS and placement of those resources as specified in this MOA, the Bureau has no jurisdiction over those sand resources unless they return to the OCS. Table 1: Borrow Area Coordinates. Longitude and Latitude in Geographic Coordinate System NAD Easting and Northing in Florida State Plane Coordinate System (ft) NAD A B C D E F G H I J K L M Lat. Long. X (NAD83 FLE) Y (NAD83 FLE) B. The Bureau, under the authority delegated by the Secretary of the Interior, is authorized, pursuant to Section 8(k)(2) of the OCSLA (43 U.S.C (k)(2)) to enter into this MOA concerning the potential use of OCS sand resources. The Bureau has determined that the Project meets the requirements of Section 8(k)(2)(A)(i) of the OCSLA. Therefore, in accordance with Section 8(k)(2), and subject to the terms and conditions as contained herein, the Bureau hereby authorizes the use of OCS sand resources from the identified in Table 1 for the construction of the Project. The parties acknowledge that under the terms of Section 8(k)(2)(B), the Bureau will not assess any fee against the County or the USACE for the use of the OCS sand resources described herein. Nothing in this MOA is intended to abrogate or diminish the Secretary of the Interior's authority under the OCSLA to oversee and regulate the removal of OCS sand. C. USACE, which is undertaking this project pursuant to authority granted to it in accordance with Flood Control Act of 1968 (H.D. No. 335/90/2), Water Resources Development Act of 1974 (P.L , Section 69)and the WRDA of 1986 (P.L ), enters into this MOA in compliance with requirements of section 8(k)(2)(D) of the OCSLA. The County, who has St. John s County Coastal Storm Risk Management Feasibility Study E-28

33 procured and assigned Land Rights of appropriate scope and duration to facilitate the Project, enters into this MOA in compliance with requirements of section 8(k)(2)(A)(i) of the OCSLA. Nothing in this MOA is intended to impede or hinder the County s or the USACE s ability to complete the Project or abrogate or diminish either s authority or responsibilities under applicable law, including but not limited to Section 101(b)(7) of the Water Resources Development Act of 1996, Public Law , National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), Marine Mammal Protection Act (MMPA), National Historic Preservation Act (NHPA), or the Coastal Zone Management Act (CZMA). Title III. Project Description Designated, under Flood Control Act of 1968 (H.D. No. 335/90/2), Water Resources Development Act of 1974 (P.L , Section 69)and the WRDA of 1986 (P.L ), as the Miami-Dade County Beach Erosion Control and Hurricane Protection Project, the Project is intended to restore the proper ecological function of a beach and facilitate beach stabilization. USACE anticipates extracting cubic yards of sand resources to stabilize the shoreline and reconstruct the beach. The OCS sand resources will be extracted from the Borrow Area, as designated and delineated on the attached map (Attachment 1). Title IV. Provisions A. The Bureau authorizes the use of OCS sand from the Borrow Area. The USACE or its contractor(s) shall extract, transport, and place such OCS sand resources from the borrow area in accordance with the terms and conditions set forth below and in accordance with the Department of Environmental Protection - Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization Permit No.. Except as provided above, the parties agree that all other aspects of the Project s execution and completion remain as described in the Local Cooperation Agreement between the Department of the Army and Miami-Dade County, FL for Construction of the Miami-Dade County Beach Erosion Control and Hurricane Protection Project entered into agreement on. B. This MOA applies only to the extraction, transportation, and placement described above. The MOA shall terminate or expire upon (1) the USACE sending written notice to Chief, Bureau of Ocean Energy Management, Regulation and Enforcement, Leasing Division, 381 Elden Street, MS 4010, Herndon, Virginia 20170, that USACE has received sufficient sand to complete the Project, two years from the date of execution of this MOA, whichever occurs first. Upon request by USACE, the parties may agree to extend the terms of the MOA as necessary to provide USACE and its contractor(s) with additional time to complete the Project. The parties acknowledge that there may be a potential need for future OCS sand resources for periodic maintenance, augmentation or construction purposes. The Bureau, the USACE, and the County may enter into subsequent agreements, as may be required in the future, consistent with each party s respective responsibilities under applicable law. C. The Bureau, the USACE, and the County recognize that planning and coordination among the three parties will ensure that responsibilities under the OCSLA, other applicable Federal laws, and this Congressionally-authorized Project are carried out and accommodated in an efficient and timely manner so that the project schedule will not be unnecessarily delayed or St. John s County Coastal Storm Risk Management Feasibility Study E-29

34 compromised. All parties recognize that the Bureau, as a bureau in the DOI, has certain responsibilities for the orderly, timely, and efficient recovery of OCS minerals using the best available technology while ensuring environmental stewardship and compliance. Moreover, the parties further recognize that USACE has certain stewardship and environmental compliance responsibilities that are separate and distinct from the responsibilities of the Bureau. To these ends, and with respect to the Project, the Bureau, USACE, and the County agree to the following terms: 1. Notification of Activity in or near the Borrow Areas USACE will notify the Bureau at dredgeinfo@boemre.gov of the commencement and termination of the construction operations at borrow area within 24 hours after USACE receives such notification from its contractor(s) for the Project. The Bureau will notify USACE in a timely manner of any OCS activity within the jurisdiction of the DOI that may adversely affect USACE s ability to use OCS sand for the Project. 2. Environmental Responsibilities and Environmental Compliance USACE is the lead agency on behalf of the Federal government to ensure the Project complies with applicable environmental laws, including but not limited to the Endangered Species Act, Magnuson-Stevens Fishery Management and Conservation Act, Migratory Bird Treaty Act, National Historic Preservation Act, and Coastal Zone Management Act. USACE will serve as the lead Federal agency for Endangered Species Act (ESA) Section 7 consultation concerning protected species under the purview of U.S. Fish and Wildlife Service (U.S. FWS) and National Marine Fisheries Service (NMFS). USACE will instruct its contractor(s) to implement the mitigation and monitoring terms, conditions, and measures required by the U.S. FWS, NMFS, Florida Department of Environmental Protection (FDEP), and the Bureau pursuant to applicable Federal and State laws and regulations. The required mitigation terms, conditions, and measures are reflected in the attached Biological Opinions, Conservation Recommendations (and related correspondence), and Joint Coastal Permit Final Order No.. USACE is responsible for compliance with the Specific Conditions of the Joint Coastal Permit, including implementation of turbidity monitoring and the Sediment Quality Control/Quality Assurance Plan. Miami-Dade Department of Environmental Resources Management (DERM) is responsible for compliance with certain monitoring and contingency mitigation requirements for the Project, including implementation of the requirements of the Final Physical and Biological Monitoring Plan and Contingency Mitigation Plan. Prior to the commencement of the Project, USACE and DERM will invite the Bureau to participate in any conference with FDEP to review specific conditions and monitoring requirements. Construction shall not commence until the preconstruction requirements of the Final Physical and Biological Monitoring Plan have been completed. Copies of all relevant correspondence, monitoring reports, and other technical reports shall be provided to the Bureau at dredgeinfo@boemre.gov within 30 days of its completion. If physical and/or biological monitoring confirms that unexpected adverse St. John s County Coastal Storm Risk Management Feasibility Study E-30

35 impacts are occurring in the vicinity of borrow area, USACE and DERM will invite the Bureau to participate in any effort to further study the impacts and/or undertake corrective, remedial, and/or compensatory action. 3. Dredge Positioning During all phases of the Project, USACE will ensure that the dredge and any bottom disturbing equipment is outfitted with an onboard global positioning system (GPS) capable of maintaining and recording location within an accuracy range of no more than plus or minus 3 meters. The GPS must be installed as close to the cutterhead or draghead as practicable. An exclusionary buffer of ft has been established around documented hardbottom and reef features adjacent to the proposed borrow area. The borrow area design reflects the required buffer. During dredging operations, USACE will immediately notify the Bureau at dredgeinfo@boemre.gov if dredging occurs outside of the approved borrow area. Anchoring, spudding, or other bottom disturbing activity is to be avoided outside the authorized borrow area on the OCS. USACE will provide the Bureau all Dredging Quality Management (DQM) data acquired during the project using procedures jointly developed by the USACE s National Dredging Quality Management Data Program Support Center and the Bureau. USACE will submit the DQM data, including draghead status and depth, to dredgeinfo@boemre.gov biweekly. A complete DQM dataset will be submitted within 45 days of completion of the Project. 4. Local Notice to Mariners USACE shall require its contractor(s) for the Project to place a notice in the U.S. Coast Guard Local Notice to Mariners regarding the timeframe and location of dredging and construction operations in advance of commencement of dredging. 5. Marine Pollution Control and Contingency Plan USACE will require its contractor(s) and subcontractor(s) to prepare for and take all necessary precautions to prevent discharges of oil and releases of waste and hazardous materials that may impair water quality. In the event of an occurrence, notification and response will be in accordance with applicable requirements of 40 C.F.R All dredging and support operations shall be compliant with U.S. Coast Guard regulations and the Environmental Protection Agency s Vessel General Permit, as applicable. USACE will notify the Bureau of any occurrences and remedial actions and provide copies of reports of the incident and resultant actions at dredgeinfo@boemre.gov. 6. Encounter of Ordinance If any ordinance is encountered while conducting dredging activities at borrow area, USACE will report the discovery within 24 hours to Chief, BOEMRE Leasing Division, at (703) and dredgeinfo@boemre.gov. 7. Archeological Resources Onshore Prehistoric or Historic Resources If USACE discovers any previously unknown historic or archeological remains while St. John s County Coastal Storm Risk Management Feasibility Study E-31

36 accomplishing activity on Miami-Dade Beaches, USACE will notify the Bureau of any finding. USACE will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. Offshore Prehistoric or Historic Resources In the event that the dredge operators discover any archaeological resource while conducting dredging operations in borrow area, USACE shall require that dredge and/or pump-out operations be halted immediately within of the area of discovery. USACE shall then immediately report the discovery to Chief, BOEMRE Leasing Division, at (703) If investigations determine that the resource is significant, the parties shall together determine how best to protect it. 8. Bathymetric Surveys USACE will provide the Bureau with pre- and post-dredging bathymetric surveys of borrow area. The pre-dredging survey will be conducted within 30 days prior to dredging. The post-dredging survey will be conducted within 30 days after the completion of dredging. USACE will also provide the Bureau a bathymetric survey performed between 1 year and 3 years following the completion of dredging. Hydrographic surveys will be performed in accordance with the USACE Hydrographic Surveying Manual EM unless specified otherwise. One hundred percent coverage using interferometric swath or multibeam bathymetry data is preferred over single-beam data. All bathymetric data shall be roll, pitch, heave, and tide corrected. Survey lines of the specific dredge area, within Unnamed Shoal A, will be established at no greater than 50 m intervals perpendicular to a baseline. Three equidistant cross-tie lines will be established parallel to the same baseline. Survey lines will extend at least 50 m beyond the edge of the dredge areas. All data shall be collected in such a manner that post-dredging bathymetry surveys are compatible with the pre-dredging bathymetric survey data to enable the latter to be subtracted from the former to calculate the volume of sand removed, the shape of the excavation, and nature of post-dredging bathymetric change. Copies of pre-dredging and post-dredging hydrographic data will be submitted to the Bureau via dredgeinfo@boemre.gov within thirty (30) days after each survey is completed. The delivery format for data submission is an ASCII file containing x,y,z data. The horizontal data will be provided in the North American Datum of 1983 (NAD 83) Florida State Plane, U.S. survey feet. Vertical data will be provided in the North American Vertical Datum of 1988 (NAVD 88), U.S. survey feet. An 8.5x11 plan view plot of the pre- and post-construction data will be provided showing the individual survey points, as well as contour lines at appropriate elevation intervals. These plots will be provided in PDF format. 9. Submittal of Production and Volume Information USACE, in cooperation with the dredge operator, shall submit to the Bureau on a biweekly basis a summary of the dredge track lines, outlining any deviations from the original Plan. A colorcoded plot of the cutterhead or drag arms will be submitted, showing any horizontal or vertical dredge violations. The dredge track lines shall show dredge status: hotelling, dredging, transiting, or unloading. This map will be provided in PDF format. USACE will provide at least a biweekly update of the construction progress including estimated St. John s County Coastal Storm Risk Management Feasibility Study E-32

37 volumetric production rates to the Bureau. The biweekly deliverables will be provided electronically to The project completion report, as described below, will also include production and volume information, including Daily Operational Reports. 10. Plans and Performance Requirements USACE will provide the Bureau with a copy of the Project s Construction Solicitation and Specifications Plan, including final project drawings, prior to construction (herein referred to as the Plan ). No activity or operation authorized by the negotiated agreement (herein referred to as the Memorandum of Agreement or MOA) at borrow area shall be carried out until the Bureau has had an opportunity to review the Plan, thus ensuring that each activity or operation is conducted in a manner that is in compliance with the provisions and requirements of the MOA. USACE will ensure that all operations at borrow area are conducted in accordance with the final approved Plan and all terms and conditions in this MOA, as well as all applicable regulations, orders, guidelines, and directives specified or referenced herein. The preferred method of obtaining and conveying sediment from borrow area involves the use of a hopper dredge. The MOA does not implicitly authorize use of a cutterhead dredge. USACE will allow the Bureau to review and comment on modifications to the Plan, including the use of a cutterhead dredge and/or submerged or floated pipelines to convey sediment that may affect the project area. Said comments shall be delivered in a timely fashion in order to not delay the USACE s construction contract or schedule. Prior to the commencement of construction, USCAE shall provide a summary of the construction schedule. USACE, at the reasonable request of the Bureau, shall allow access, at the site of any operation subject to safety regulations, to any authorized Federal inspector and shall provide the Bureau any documents and records that are pertinent to occupational or public health, safety, or environmental protection as may be requested. 11. Responsibility for Damages The Bureau does not warrant that the OCS sand resources used in this project are suitable for the purpose for which they are intended. 12. Project Completion Report A project completion report will be submitted by USACE to the Bureau within 120 days following completion of the activities authorized under this MOA. This report and supporting materials should be sent to Chief, BOEMRE Leasing Division, 381 Elden Street, MS 4010, Herndon, Virginia and dredgeinfo@boemre.gov. The report shall contain, at a minimum, the following information: the names and titles of the project managers overseeing the effort (for USACE, the engineering firm (if applicable), and the contractor), including contact information (phone numbers, mailing addresses, and addresses); the location and description of the project, including the final total volume of material extracted from the borrow area and the volume of material actually placed on the beach or shoreline (including a description of the volume calculation method used to determine these volumes); ASCII files containing the x,y,z and time stamp of the cutterhead or drag arm locations; St. John s County Coastal Storm Risk Management Feasibility Study E-33

38 a narrative describing the final, as-built features, boundaries, and acreage, including the restored beach width and length; a table, an example of which is illustrated below, showing the various key project cost elements; Construction Engineering and Design Inspections/Contract Administration Total Project Cost Estimate ($) Cost Incurred as of Construction Completion ($) a table, an example of which is illustrated below, showing the various items of work construction, final quantities, and monetary amounts; Item No. Item 1 Mobilization and Demobilization 2 Beach Fill 3 Any beach or offshore hard structure placed or removed Estimated Quantity Unit Unit Price Estimated Amount Final Quantity Bid Unit Price Final Amount % Over/ Under a listing of construction and construction oversight information, including the prime and subcontractor(s), contract costs, etc.; a list of all major equipment used to construct the project; a narrative discussing the construction sequences and activities, and, if applicable, any problems encountered and solutions; a list and description of any construction change orders issued, if applicable; a list and description of any safety-related issues or accidents reported during the life of the project; a narrative and any appropriate tables describing any environmental surveys or efforts associated with the project and costs associated with these surveys or efforts; a table listing significant construction dates beginning with bid opening and ending with final acceptance of the project by USACE; digital appendices containing the as-built drawings, beach-fill cross-sections, and survey data; and any additional pertinent comments. 13. Sharing of Information Consistent with the purpose stipulated by the parties in Title II, the USACE, the County, and Bureau agree to: (1) share all information needed for or generated from the Project, including St. John s County Coastal Storm Risk Management Feasibility Study E-34

39 the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible; and (3) work to ensure that all required completion report information is received. 14. Resolution of Disputes The parties agree to make every attempt to settle any disputes regarding this MOA at the lowest operational level. In the case of a (1) substantial disagreement between Bureau and the USACE or between Bureau and the County with respect to any aspect of the Bureau s authorization of the use of OCS sand resources in accordance with the terms and conditions as specified or (2) any alleged breach by a party of the terms and conditions as specified herein, the undersigned will designate a senior management official in their respective agencies to state the area(s) of disagreement or alleged breach in writing and present such statement to the other party for consideration. If resolution is not reached within 60 days, the undersigned shall request the active participation of the District Commander, Jacksonville District of the U.S. Army Corps of Engineers, the Associate Director, Offshore Energy and Minerals Management, Bureau, and the County Mayor. 15. Miscellaneous This MOA shall not affect any pre-existing or independent relationships or obligations among the Departments of Interior, the USACE, and the County, including any other relationships or obligations between Bureau and the USACE, or any other units of such Departments. All rights in the Borrow Area not expressly granted to the USACE and County by the OCSLA or this MOA are hereby reserved to the Bureau. The Bureau reserves the right to authorize other uses in the Borrow Area that will not unreasonably interfere with activities authorized under this MOA. The Bureau will allow USACE and the County to review and comment on any proposed authorizations for the use of sand in the Borrow Area while this MOA is in effect. Nothing herein is intended to conflict with current USACE, County, or Bureau directives. If the terms of this MOA are inconsistent with existing directives of any of the parties entering into this MOA, then those portions of this agreement which are determined to be inconsistent shall be invalid, but the remaining terms and conditions not affected by the inconsistency shall remain in full force and effect. At the first opportunity for review of the MOA, all necessary changes will be accomplished either by an amendment to this MOA or by entering into a new MOA, whichever is deemed expedient to the interest of the parties. for Offshore Energy and Minerals Management Bureau of Ocean Energy Management, Regulation and Enforcement Department of the Interior Date: St. John s County Coastal Storm Risk Management Feasibility Study E-35

40 Colonel, U.S. Army District Commander Jacksonville District U.S. Corps of Engineers Date: Mayor, Miami-Dade County Date: St. John s County Coastal Storm Risk Management Feasibility Study E-36

41 EXHIBIT 4 SAMPLE - Sovereign Submerged Lands Easement State of Florida Borrow Areas St. John s County Coastal Storm Risk Management Feasibility Study E-37

42 (SAMPLE) Sovereign Submerged Lands Easement (State of Florida Borrow Areas and Rock Disposal Area) St. John s County Coastal Storm Risk Management Feasibility Study E-38

43 St. John s County Coastal Storm Risk Management Feasibility Study E-39

44 St. John s County Coastal Storm Risk Management Feasibility Study E-40